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(영문) 서울동부지방법원 2015.10.08 2015고단2063
폭력행위등처벌에관한법률위반(공동폭행)등
Text

Defendant

A shall be punished by imprisonment with prison labor for eight months and by imprisonment for six months.

However, for two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

1. Defendants in violation of the Punishment of Violences, etc. Act (joint assault) committed violence against the victim by misunderstanding the victim F (55 years of age) who is the customer of the instant singing practice room in the E K practice room located in Gwangjin-gu, Seoul on June 28, 2015, on the ground that the principal offender was only paid money and did not leave women, Defendant A was snick the victim’s chest at one time, and Defendant B was snicked with the victim’s chest at one time, and Defendant B was snicked when the victim’s face and side flick in drinking.

2. Defendant A’s obstruction of performance of official duties at the above place around 04:20 on June 28, 2015, and around 112 reported and sent by Defendant A, the police officers and I, who were affiliated with the Seoul Mine Police Station G police station G police station that received 112, assaulted the Defendant with the above H and I’s body to prevent, suppress, and investigate crimes, public peace and order maintenance, thereby obstructing the Defendant’s legitimate performance of duties.

3. Defendant B’s obstruction of performance of official duties at the above temporary place, and the above H used the Defendant to ask the Defendant about the background and desire of the instant case, and obstructed the Defendant’s lawful performance of duties concerning the prevention, suppression and investigation of crime, public peace and order maintenance by assaulting the Defendant’s Ha’s chest by drinking and her hand.

Summary of Evidence

1. Defendants’ respective legal statements

1. The police statement of F, J, H, K, and L;

1. Application of Acts and subordinate statutes to a criminal investigation report (victim's body photograph), and a criminal investigation report (in cases of attaching a field photograph);

1. The Defendants of relevant criminal facts: Article 2 (2) and (1) of the Punishment of Violences, etc. Act, Article 260 (1) of the Criminal Act, Article 136 (1) of the Criminal Act, and Article 136 (1) of the Criminal Act

1. Defendant A of ordinary concurrence: Articles 40 and 50 of the Criminal Act;

1. The Defendants’ choice of punishment: Imprisonment with prison labor

1. Defendants who aggravated concurrent crimes: the former part of Article 37, Article 38(1)2 and Article 50 of the Criminal Act;

1. Defendants on probation: Article 62 of the Criminal Act.

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